Updated LMC Body-Worn Camera Policy Now Available

Body-worn cameras continue to be a useful tool in many police departments across the country. These cameras enhance transparency with their communities and gather evidence at crime scenes and during citizen encounters. Although state law offers significant guidance on policies governing law enforcement use of body-worn cameras and the resulting data, changes made to Minnesota laws in 2023 have made the laws more complicated, particularly with respect to data administration issues including data classifications, access procedures, retention policies, and data security safeguards.  

Agencies need to update policies to adhere to new laws

These changes reflect 2023 amendments to Minnesota Statutes § 13.825 and § 626.8473 and are mandatory policy elements that will require agencies to update their policies. The new law provides for timely access to body-warn camera data by designated survivors and their legal representative within 14 days after an incident unless there is a compelling reason to believe that this public classification and knowledge of this data would interfere with an active investigation. This is a higher standard for maintaining confidentiality than provided by Minnesota Statute § 13.82, subdivision 7, which classifies active investigative data as confidential without any need to show that access would hamper an investigation. Agencies should note that Minnesota Statutes § 13.825 and § 626.8473 require that the chief law enforcement officer, rather than a designee or responsible authority, be the one to provide the required written notice when the agency withholds access to data in the circumstances specified.       

Under Minnesota statute, the chief officer of every state and local law enforcement agency that uses or proposes to use a portable recording system or body-worn cameras must establish and enforce a written policy governing their use. The written policy must also be posted on the agency’s website (if the agency has one). Agencies are also required to provide an opportunity for public comment and input in developing and adopting the policy. Lastly, an agency must arrange for an independent biennial audit of the data to determine whether data are appropriately classified, how the data are used, whether the data are destroyed as required, and to verify agency compliance with the authorization to access data and sharing among agencies under subdivisions of Minnesota Statute § 13.825.  

LMC model policies, memos provide guidance

In response to the changes in state law, the League of Minnesota Cities recently provided updated guidance in its Use of Body-Worn Cameras information memo and the Body-Worn Cameras Model Policy for agencies to consider adopting. In addition to these documents, the League provides additional body-worn camera guidance in the Planning for Critical Incident Response information memo and accompanying Critical Incident Response Model Policy. 

If you have any questions related to these information memos or model policies, you may contact me at (651) 215-4051 or tstille@lmc.org.  

In the meantime, stay safe!    

Tracy